Both the "going dark" metaphor of FBI Director James Comey and the contrasting "golden age of surveillance" metaphor of privacy law professor Peter Swire focus on the value of data to law enforcement. As framed in the media, encryption debates are about whether law enforcement should have surreptitious access to data, or whether companies should be allowed to provide strong encryption to their customers.
It's a myopic framing that focuses only on one threat -- criminals, including domestic terrorists -- and the demands of law enforcement and national intelligence. This obscures the most important aspects of the encryption issue: the security it provides against a much wider variety of threats.
Encryption secures our data and communications against eavesdroppers like criminals, foreign governments, and terrorists. We use it every day to hide our cell phone conversations from eavesdroppers, and to hide our Internet purchasing from credit card thieves. Dissidents in China and many other countries use it to avoid arrest. It's a vital tool for journalists to communicate with their sources, for NGOs to protect their work in repressive countries, and for attorneys to communicate with their clients.
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We're not being asked to choose between security and privacy. We're being asked to choose between less security and more security."
